host: back at our table this morning, kimberly wehle. being here let's talk about the supreme court case the oral arguments. what is this case about? guest: whether state legislators , that is the equivalent of members of congress for states can basically have the final say in federal elections. it is an interpretation of the constitution which sets the time, place, and manner of federal addiction -- elections. it's a really radical theory because essentially what's being argued here is that state court judges under state constitution cannot hold state legislators accountable if they violate state constitutions. it's a really radical legal theory. it needed all the way to the supreme court. it doesn't look to court is going to take the radical view of the constitution. host: what's at the heart of this? guest: a gerrymandered map in north carolina. gerrymandering is the process for determining how to carve up the state for purposes of federal elections to the united states congress. the north carolina legislature had their jenny mayor du

host: brian, we heard that point and i will have kimber --kimberly wehle jump in.brian raises a good point that there is this court, and the spying ratcheted up -- and i put spying on air quotes because there are nuances as to what is legal and what is not under the bush administration. at that point, americans were really worried about international terrorism and in those moments i think the sort of government gets more power, whether we like it or not and in hindsight he might be right. in this moment it is still functioning, under multiple presidents, and this is a balancing. it came up in the earlier call as well, how much are we willing to give up some of our freedoms to ensure greater national security and safety because the government needs information? there is no clear line to be drawn there. that is why we have a three branch system of government, why we cannot have a president with unlimited power, and that is what i think the trump administration did differently than prior administrations, take this view of the president has a king and the president is

later, author and university of baltimore law professor kimberly wehle joins us to talk about the supreme court hearing a case on state legislative power. potential january 6 criminal referrals, and legal troubles for president trump. you can join the conversation with your phone calls, text messages and tweets. washington journal starts now. ♪ ho: happening moments ago, brittney